/ April 30, 2010 01:54 PM
Legislators in Arizona changed the text of SB1070 late Thursday amid 3 federal lawsuits that were filed challenging the use of race as a factor in implementation of the law. The original bill stated that race could not be used "solely" as a determining factor in whether a person stopped for another violation could be suspected as being an illegal alien. The changes removed the "solely" clause and stated that race could not be used at all.
Illegal Alien Supporters Compare
Sheriff Joe Arpaio to the Devil
in protests in Phoenix, AZ
This should derail many lawsuits before they even got off the ground.
The law also reduced the penalty that local government could face if residents sure them for not enforcing the law.
While I agree with the first change, I do not agree with reducing penalties for local government that decide to protest the law by not enforcing it. They are putting their residents at risk while taking their taxes.
In general these changes do not effect the implementation or enforcement of the law. Governor Pam Brewer must sign the new changes into law. The law is expected to go into effect in July.
The changes also included changing of wording "Lawful Contact" to "stop, detain or arrest".
Source: LA Times
Tipped by: Dan Riehl
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Posted by Digger on April 30, 2010 01:54 PM (Permalink)
Many of us are assuming this law applies only to illegal aliens. I suggest you read it in its entirety. I feel very sorry for all Arizonians, this statue can not be construded as constitutional. The realm of power given to law enforcement is very scarey.
Posted by: T. Brian on April 30, 2010 06:35 PM
No, T. Brian, what is scary is criminal apologists such as yourself are so brainwashed into supported unlimited criminal activity and fight any and all attempts to restore law and order.
Posted by: American Expatriate on May 1, 2010 09:13 AM
Sorry T. Brian, you need to actually READ the United States Constitution AND The Immigration & Naturalization Laws, and SB 1070 before you can make an informed comment. Obviously you haven't. Stick your bleeding heart talking points in your ear. Illegal aliens are criminals, deportation is the law. This law, SB 1070, WILL withstand ANY frivolous lawsuits brought against it by the federal felons who are aiding and abetting the illegal aliens.
Posted by: Steven Terrell, Sr. on May 1, 2010 11:15 AM
Both American and Steven are quite wrong. SB1070 as written says:
FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, [...] WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES [...]
"Lawful contact" can be anything from legitimate police action, to investigating a crime you may have witnessed, to asking for your help in solving a crime. If a cop asks you what time it is, that's "lawful contact".
I'm all for getting rid of illegal immigrants, but SB1070 says cops can ask _anybody_ for proof of residency. Anybody. Illegal, legal, naturalized, natural born. Everybody's open to questioning with this law.
If I'm in the park playing catch with my dog, the police shouldn't be able to come up to me and ask me to prove I belong here.
SB1070 stomps all over my civil rights as a citizen in an effort to find illegals.
Posted by: John on May 2, 2010 02:25 PM
As it is right now, any police officer can stop you for anything on the grounds of "reasonable suspicion". That has been a part of US law for decades. What happens is that US case law is what defines what "reasonable suspicion" is. In general it usually ends up being defined as a cluster of observed characteristics that would persuade a law officer to draw the conclusion that someone could be here illegally. In other words, the reasonable conclusion that someone might be here illegally could be based on what the person is doing, how they may be driving or the failure to provide proper state ID during a traffic stop for another violation. Because "reasonable suspicion" has been defined extensively in US case law, no officer can just stop you and ask you for papers just because they want to. For that matter they can't stop anyone for any reason just because they want to. Criminals know this and that's why they frequently remain at large in a very public manner. They know that as long as they don't display any behaviors that might be within the parameters of case law defined "reasonably suspicious" behavior, an officer can't stop them.
Besides, according to the US Naturalization and Immigration Act, all resident legal aliens are required to carry proof of their US government permission to be here in the US at all times. So the Arizona law is not imposing any kind of onerous responsibility that is not already imposed by federal law.
SB 1070 does not stomp all over your civil rights.
One of the problems that many people have with understanding US law is that it isn't just about law created through the legislative branch. It is also about case law that is created through the court system. It is generally this law that defines the details and circumstances about how a law will be applied in the real world. This is why "reasonable suspicion" does not mean that any officer can just willy-nilly ask any person they see for proof of permission to be in the US.
Posted by: Yolanda M. on May 2, 2010 03:49 PM
"no officer can just stop you and ask you for papers just because they want to"
False. The law is very clear. Lawful contact does not require reasonable suspicion. Lawful contact is any contact that is not illegal, like asking anyone for the time. Reasonable suspicion can be as little as a slight accent in your answer, or no answer at all.
"according to the US Naturalization and Immigration Act, all resident legal aliens are required to carry proof of their US government permission to be here in the US at all times"
Correct. But where is it stipulated that legal citizens have the same requirements?
Posted by: Daniel on May 3, 2010 09:20 AM
The words "Lawful Contact" have been removed from the bill and replaced with "stop, detain or arrest" and Governor Brewer has signed the amended language.
Posted by: Digger on May 3, 2010 12:36 PM
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